Thursday 16 October 2014

The Root Cause and Synopsis of Fourteen Years of Litigation

Jayashree’s brutal assault on 09.01.2001 and our persistent demand for justice from the trustees resulted in 14 years of litigation starting from 23.03.2001 till date. It is interesting to note the manner in which Krishna Chandra, who had assaulted Jayashree, and even his sister were greatly rewarded by the trustees. After undergoing a short probation period they were made ashramites and presently enjoy all the facilities and amenities of the Ashram but we are being denied the same. This is spiritual justice so claim the unspiritual power-hungry trustees.

From 09.01.2001 for more than two months we were persistent in our demand for justice for Jayashree and patiently waited for the trustees to take action to that effect. Instead we came to know that the trustees were busy trying to suppress the assault on Jayashree by creating false circumstantial evidence in order to declare her to be a mental case. Hemlata threatened to go to the police and lodge a complaint on her sister’s behalf. Thus began a series of court cases. 
  1. O.S. No.215/2001 (I Additional District Munsif at Pondicherry) – Hemlata vs. SAAT and its trustees – challenging the attempted illegal expulsion by the trustees. Suit is summarily terminated by the Madras High Court on 13.09.2002.
  2. O.S. No.253/2001 (I Additional District Munsif at Pondicherry) – Jayashree, Arunashri, Rajyashri, Nivedita Vs. SAAT and its trustees – challenging the illegal show cause notice dated 02.04.2001. Suit is dismissed on 09.03.2007.
  3. S.T.R. No.864/2001 (Judicial Magistrate I at Pondicherry) – Hemlata vs. Harikant Patel, Veda Prakash Johar, Manoj Das Gupta, Dilip Datta, Albert Paterl, Krishna Belliappa, Manjunath, Satyanarayanamurthy, - filed for defamation against the above-named accused persons. Magistrate visited Sri Aurobindo Ashram with Matriprasad and enjoyed the hospitality of the trustees. He was totally comprised and he wrongly acquitted the accused on 23.11.2004
  4. C.R.P. No. 2230/2001 & No. 2534/2001 in O.S.No.253/2001 (Madras High Court) – two revisions filed by sisters and the trustees against each other challenging different portions of the order passed in I.A. No.935/2001 in O.S. No.253/2001. Common order was passed on 29.10.2001 disposing off both the CRPs.
  5. C.R.P. No.787/2002 (Madras High Court) – SAAT and its trustees vs. Hemlata – trustees challenge the order passed in I.A. No. 2672/2001 in O.S. No.215/2001. Since the trustees had claimed that prior to expelling Hemlata they had conducted an “in camera enquiry”, the Hon’ble Trial Court had not permitted the trustees to constitute a second enquiry against her by appointing Suresh Chandra De as enquiry officer. So they filed this CRP under Article 227 of the Constitution. Order passed on 13.09.2002 terminating O.S. No.215/2001 because trustees give undertaking of restoring all facilities as inmate to Hemlata. Mr. Menon is appointed as the enquiry officer by the High Court of Madras. He is the third enquiry officer in a third enquiry-proceedings for the same alleged offence of misconduct.
  6. Contempt No.718/2002 (Madras High Court) - SAAT and its trustees vs. 4 sisters - trustees file a contempt proceedings against five sisters. They have appointed Suresh Chandra De (IPS) as enquiry officer. We challenge his appointment enquiry at Pondicherry. Orders passed on 24.01.2003 stating no contempt of court committed by sisters.
  7. O.S. No.668/2002 (I Additional District Munsif at Pondicherry) – Hemlata vs. SAAT and its trustees – challenging the impugned report of Mr. Menon, the third enquiry officer. Trial underway for 4 years. Trustees have paid two times fine of Rs.2,000/- each for failing to conduct the trial.
  8. F.I.R. No.213/2004 resulting in S.T.R. No.7919/2004 (Judicial Magistrate II at Pondicherry) – Pondicherry police (on behalf of Arunashri) vs. Girish Panda and others. The FIR was registered for the sexual harassment and attempt to molestation faced by Arunashri. We were never called to give evidence in the case. Accused were acquitted without a trial. No order copy was furnished to us by the police or from the JM II court.
  9. O.S. No.409/2005 (Principal District Munsif at Pondicherry) – five sisters vs. SAAT and its trustees – challenging the impugned report of Mr. A.V. Nagarajan. This enquiry was constituted wrongly and with a malafide intention to thwart, suppress and frustrate our efforts to get justice for the sexual harassment faced by us. Trial underway for 4 years. Trustees have paid two times fine of Rs.2,000/- each for failing to conduct the trial.
  10. C.M.A. No.7/2005 (Principal Sub Judge at Pondicherry) – SAAT and its trustees vs. Hemlata – trustees challenge the order passed in interim petition in I.A. No.2937/2002 in O.S. No.668/2002 granting Hemlata status quo as an inmate of Ashram and which restrains the trustees from denying, depriving and stopping all the facilities as provided to every inmate. Trustees' appeal dismissed on 30.01.2007.
  11. C.M.A. No.35/2005 (Principal Sub Judge at Pondicherry) – SAAT and its trustees vs. five sisters – trustees challenge the order passed in interim petition in I.A. No.1500/2005 in O.S. No.409/2005 granting all five sisters status quo as inmates of Ashram and restrains the trustees from denying, depriving and stopping all the facilities as provided to every inmate.Trustees' appeal dismissed on 30.01.2007
  12. Cr.Appeal No.477/2005 (Madras High Court) – Hemlata vs. Veda Prakash Johar, Manoj Das Gupta, Dilip Datta, Albert Paterl, Krishna Belliappa, Manjunath, Satyanarayanamurthy – challenging the order of acquittal passed in S.T.R. No.864/2001 by JM I, Pondicherry. Criminal Appeal is still pending.
  13. A.S. No.24/2007 (Principal Sub Judge at Pondicherry) - four sisters Vs. SAAT and its trustees - sisters file appeal against the order 09.03.2007 dismissing O.S. No.253/2001. Orders passed on 09.04.2010 dismissing our appeal.
  14. T.O.P. No.85/2007 (Principal District Judge) – Hemlata vs. SAAT and its trustees – transfer petition filed by Hemlata for conducting a joint trial of O.S. No.668/2002 and O.S. No.409/2005. TOP allowed on 23.09.2008 permitting joint trial. Trustees pay fine for the first time of Rs.375/-.
  15. C.R.P. No.3037/2007 (Madras High Court) – SAAT and its trustees vs. Hemlata – trustees challenge the order passed in C.M.A. No.7/2005 passed by PSJ, Pondicherry which confirmed the order passed in I.A. No.2937/2002 in O.S.No.668/2002 granting Hemlata status quo as an inmate of Ashram and which restrained the trustees from denying, depriving and stopping all the facilities as provided to every inmate. Order passed on 19.12.2008 adopting the order passed in C.R.P. No.3314/2007.
  16. C.R.P.No.3314/2007 (Madras High Court) – SAAT and its trustees vs. five sisters – trustees challenge the order passed in C.M.A. No.35/2005 passed by PSJ, Pondicherry which confirmed the order passed in I.A. No.1500/2005 in O.S.No.409/2005 granting Hemlata status quo as an inmate of Ashram and which restrained the trustees from denying, depriving and stopping all the facilities as provided to every inmate. Order dated 29.01.2008 is passed.
  17. M.P. No.1/2008 in C.R.P.No.3314/2007 (Madras High Court) – SAAT and its trustees vs. five sisters – trustees seek to modify the Order dated 29.01.2008 passed in C.R.P. No.3314/2007 under the guise of clarification. Order dated 04.08.2008 is passed.
  18. C.R.P. No.3759/2008 – (Madras High Court) – SAAT and its trustees vs. Hemlata – trustees challenge the order passed in T.O.P. No.85/2007 for conducting joint trial. On 28.11.2008 High Court passed an order directing to conduct simultaneous trial in O.S. No.668/2002 and O.S. No.409/2005. They have to be tried separately without one prejudicing the other.
  19. M.P. No.2/2008 in C.R.P.No.3314/2007 (Madras High Court) – SAAT and its trustees vs. five sisters –Order dated 04.08.2008 passed in M.P. No.1/2008 in C.R.P. No.3314/2007 is a modified version of the order passed 29.01.2008 passed in C.R.P. No.3314/2007 under the guise of a clarification. For a second time trustees seek to modify to their convenience the high court order under the guise of clarification. Order dated 21.06.2010 is passed.
  20. F.I.R. No.272/2010 (Chief Judicial Magistrate at Pondicherry) – Jayashree vs. Pondicherry Police – for getting directions to register an FIR for the assault denial of food which occurred on 22.07.2010 at Ashram Dining Room.
  21. F.I.R. No.273/2010 (Chief Judicial Magistrate at Pondicherry) – Hemlata vs. Pondicherry Police – for getting directions to register an FIR for the assault denial of food which occurred on 22.07.2010 at Ashram Dining Room.
  22. C.R.P. No.4219/2010 – SAAT and its trustees vs. five sisters – trustees challenge interim order passed in I.A. No.2094/2010 restoring food and all the basic amenities and facilities of the Ashram. On 22.07.2010 the trustees had forcibly and illegally implemented the exparte Order dated 21.06.2010 passed in M.P. No.2/2008 in C.R.P. No.3314/2007 and stopped our food and all facilities as inmates. Order dated 03.08.2012 is passed.
  23. Contempt Petition No.1483/2010 (Madras High Court) – SAAT and its trustees vs. five sisters – trustees file contempt proceedings against us because we did not follow the unexecutable order dated 21.06.2010 since the third party prevented its execution. No contempt is held.
  24. S.L.P. No.27620/2012 (Supreme Court) – five sisters vs. SAAT and its trustees – we challenge the order dated 03.08.2012 passed in C.R.P. No.4216/2010. Stay is granted on --- by Justice Gokhale and Justice Nijjar. Unexecutable final orders are passed under two minutes by Justice S.J. Mukhopadhaya and Justice Ranjan Gogoi on 29.04.2014 who do not even give us an opportunity to be heard.
  25. Contempt No.395/2014 (Supreme Court) – SAAT and its trustees vs. five sisters – Trustees file contempt against five sisters for not following an unexecutable order dated 29.04.2014 passed by Justice S.J. Mukhopadhaya and Justice Ranjan Gogoi. Ironically, after visiting the Ashram and enjoying the hospitality of the trustees and … Justice S.J. Mukhopadhaya issues arrest warrant against the five sisters in spite of having gone through our letter where we express our inability to appear before the court because we have no means.

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